ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045958
Parties:
| Complainant | Respondent |
Parties | Pawel Kot | Grat-Ryan Painters & Decorators Limited |
Representatives | Krystian Boino, Boino Solicitors | None |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00056770-001 | 19/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00056770-002 | 19/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00056770-003 | 19/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00056770-004 | 19/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00056770-005 | 19/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00056770-007 | 19/05/2023 |
Date of Adjudication Hearing: 12/10/2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The complaints came before me for hearing at the Offices of the Workplace Relations Commission on the 12th of October 2023. There being no appearance by or on behalf of the Respondent and upon being satisfied that the Respondent had been notified of the time, date and venue for the hearing, I proceeded in the absence of the Respondent.
Background:
The Complainant was employed by the Respondent as a painter from the 1st of January 2009 until the 3rd of February 2023 due to the complete cessation of the business of the Respondent. On his W.R.C Complaint Form received by the W.R.C on the 19th of May 2023, the Complainant made the following claims: CA-00056770-001 A complaint pursuant to section 7 of the Terms of Employment (Information) Act, 1994
CA-00056770-002 A complaint pursuant Section 8 of the Unfair Dismissals Act, 1977. [Withdrawn at the hearing]
CA-00056770-003 A claim for a redundancy lump sum calculated in accordance with his statutory entitlements pursuant to the Redundancy Payments Acts 1967 (as amended). CA-00056770-004 A complaint pursuant to Section 12 of the Minimum Notice & Terms of Employment Act, 1973 CA-00056770-005 A complaint seeking adjudication under Section 23 of the Industrial Relations (Amendment) Act, 2015 [Withdrawn at the hearing] CA-00056770-007 A claim pursuant to section 27 of the Organisation of Working Time Act, 1997 (as amended). |
Summary of Complainant’s Case:
The Complainant was represented at the Adjudication Hearing by Boino Solicitors. With regard to the claims set out above, CA-00056770-002 (the Unfair Dismissal Claim) and CA-00056770-005 (The Industrial Relations Act Claim) were both withdrawn at the commencement of the hearing. The Complainant gave evidence on affirmation with the assistance of an interpreter who also made an affirmation. The Complainant was employed by the Respondent as a Painter from the 1st of January 2009 until the 3rd of February 2023. He was paid the sum of €588.69 gross per forty-hour. His daily rate of pay therefore was €117.73. The Complainant said that he was told by the Respondent on the 3rd of February 2023 that the Respondent had “decided to close the business”. The Complainant denied that he left the Respondent’s employment without any explanation or that he failed to turn up for work as had been alleged in a letter from the Respondent to the Complainant’s solicitors which was undated but was addressed to the Complainant’s solicitors in response to the letter from the Complainant’s solicitors dated the 27th of April 2023. The Complainant said that he was dismissed on the 3rd of February and that he did not receive any of the entitlements sought in the claims which proceeded at the hearing. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent. |
Findings and Conclusions:
I accept in full the uncontroverted evidence given by the Complainant and the submissions made on his behalf and in respect of the claims which proceeded before me I make the following findings: CA-00056770-001 Terms of Employment Claim I am satisfied that the Complainant did not receive notice in writing of his terms and conditions of employment pursuant to Section 3 of the Terms of Employment Information) Act 1994 (as amended) and the claim is well founded. I assess compensation in the sum of €2,354.76 and the Respondent is directed to pay that amount by way of non-remuneration related compensation to the Complainant CA-00056770-003 Redundancy Claim I am satisfied that the Complainant’s position is redundant and that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment based on the following facts:
Commencement Date: 1st of January 2009 End of Employment: 3rd of February 2023 Gross weekly pay: €588.69 CA-00056770-004 Minimum Notice I am satisfied that the Complainant was dismissed from his employment without notice or pay in lieu thereof and that the Minimum Notice and Terms of Employment Act 1973 (as amended) was contravened. I award the Complainant his statutory entitlement of 6 weeks pay in the sum of €3,532.14 and the Respondent is directed to pay the=is sum to the Complainant by way of remuneration. CA-00056770-007 Organisation of Working Time Act Claim I am satisfied that the Complainant did not receive his annual leave entitlement. His entitlements were calculated at €489.79 and the Respondent is directed to pay the said sum to the Complainant by way of remuneration
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00056770-001 Complaint pursuant to section 7 of the Terms of Employment (Information) Act, 1994. The Complaint is well founded. The Respondent is directed to pay to the Complainant the sum of €2,354.76 by way of non-remuneration related compensation. CA-00056770-003 Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
The Employer has failed to pay a redundancy payment in accordance with the Act and the within claim constitutes an appeal by the Employee (Appellant/Complainant) against that failure as provided for by s. 39, subsections (15). I allow that appeal.
A Redundancy Lump sum award should be made to the Employee/Appellant/Complainant based on the following details: Commencement Date: 1st of January 2009 End of Employment: 3rd of February 2023 Gross weekly pay: €588.69
CA-00056770-004 Complaint under Section 12 of the Minimum Notice & Terms of Employment Act, 1973. The Act was contravened. The Respondent is directed to pay the sum of €3,532.14 to the Complainant by way of remuneration
CA-00056770-007 Complaint pursuant to Section 27 of the Organisation of Working Time Act 1997 is well founded. The Respondent is directed to pay the sum of €489.79 to the Complainant by way of remuneration
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Dated: 3rd January 2024
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Redundancy – Minimum Notice – terms of Employment – Holiday Pay |